Does Chile have a law or regulation which gives passengers the right to claim fixed compensation for:
- Denied boarding?
If yes, when did it come into force?
In such circumstances, where airline delayed or cancelled a flight for reasons of force majeure, security, weather or other similar events, it shall not be liable if it proves that it took the necessary measures to avoid the event causing the delay or cancellation.
1. What rights does the passenger have in the event of a delay or cancellation not attributable to the airline?
If the passenger decides to continue with the contract, he/she has the right to board the next available flight of the carrier or an alternative transport. In addition, if the delay is more than 3 hours or, in case of cancellation, the offered flight departs more than 3 hours later than the scheduled time of the cancelled flight, the passenger has the right to terminate the contract by requesting reimbursement of the ticket price.
2. What happens to connecting flights in the event of a flight delay or cancellation?
In the event of a delay or cancellation, the airline is liable for the connections as long as they are part of the same contract. If this is not the case, the airline is liable for missed connections and the resulting costs only if there is negligence on its part, and the affected passenger can take legal action in the courts to obtain compensation.
3. What rights does the passenger have in the event of a delay or cancellation attributable to the airline?
The passenger may choose whether to continue the contract of carriage by air. If the passenger decides to not to continue the contract of carriage, and the delay is more than 3 hours or, in case of cancellation, the offered flight departs more than 3 hours late, the passenger is entitled to a ticket price reimbursement and compensation for damages, if any.
4. Can an airline deny boarding for booking more tickets than seats available on an aircraft?
Yes, to mitigate the negative consequences arising from passenger "no shows".
4.1 What is the procedure in case of denied boarding due to overbooking?
In the event of overbooking, the airline must ask for volunteers to surrender their reservations in exchange for agreed benefits. If the volunteers are not sufficient, and a passenger is denied boarding against his or her will, he or she has the rights described below.
The carrier must give priority boarding to unaccompanied children, persons with disabilities, elderly passengers or passengers in poor health, pregnant women who, because of their condition, require priority boarding and, in general, passengers who, for humanitarian reasons as determined by the carrier, should be given priority boarding.
4.2 What rights do passengers have in the event of denied boarding due to overbooking?
Passengers who are denied boarding and decide to terminate the air transport contract, and therefore, not to take the flight, have the following rights:
a.- Reimbursement of the price paid for the ticket; and
b.- Compensation according to the following table:
* UF stand for UNIDADES DE FOMENTO, they are a value, which is self-corrected monthly according to the consumer price index, published monthly.
The current value (it is referential in case you would like to incorporate it) is USD 39.76 for each UF.
4.3. What rights does the passenger have if he/she is denied boarding due to overbooking on a connection?
At the passenger's choice:
- Boarding on the next flight that the carrier has available or on an alternative transport and shall be entitled to financial compensation and benefits.
- Not to board and will be entitled to reimbursement of the value of the unused portion of the journey, in addition to the financial compensation; or
- Be returned to the point of departure with reimbursement of the fare, in addition to the financial compensation and welfare benefits specified.